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Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described <br />below. The applicant’s responses are noted in italics, while staff’s analysis follows. <br /> <br />The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The intent of the wetland setback and buffer ordinance is to limit runoff pollution within wetlands and <br />stormwater basins. The proposed driveway will have minimal impacts on the setback area and much of the <br />runoff will have the opportunity to run through a vegetated area prior to entering the wetland. <br /> <br />With the recommended conditions, the variance is in harmony with the general purpose and intent of the <br />ordinance. <br /> <br />2. Is consistent with the City of Elk River Comprehensive Plan. <br /> The Comprehensive Plan guides the property for single-family uses and encourages responsible <br />development as it relates to environmental features. The requests will not alter the use of the parcel, nor <br />will it have a significant effect on the adjacent wetland. The variance request is consistent with the <br />Comprehensive Plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the <br />zoning ordinance. Practical difficulties means that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; <br />The driveway impact is a reasonable use of the property not otherwise permitted by the ordinance. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or <br />inaction; and <br />The property was platted in 1987 and our wetland setback and buffer ordinances were adopted in 2006. <br />The original layout of the subdivision did not account for the wetlands in the same way that would be <br />required of a subdivision today. The proposed use of the property is consistent with the original intent and <br />the request itself is not a consequence of the petitioner’s own action or inaction. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Development of an undeveloped residential lot could alter the essential character of the locality, but the <br />proposal is consistent with nearby parcels and is consistent with the intent of city plans and codes. The <br />variance will not alter the essential character of a locality designated as single-family residential. <br /> <br />Council Meeting <br />If denied, or an appeal is made by any interested party by February 3, 2023, this item will go to the February 21, <br />2023, City Council meeting. <br /> <br />Mission/Policy/Goal <br /> Support the growth and development of the community <br /> <br />Attachments <br /> Location Map <br /> Driveway Variance Exhibit <br /> <br />